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Issues: Whether the adjudication order could be sustained when material defence pleas and documents were not considered and the matter required remand for fresh adjudication.
Analysis: The order was found to have misread the SSI registration certificate and to have omitted discussion of material evidence, including the supply order dated 4-4-1984, the appellants' invoices and bills, and the challenge to classification. The Department's case depended substantially on the agreement and the statement of the purchaser's Managing Director, but the adjudicating authority had not examined the surrounding documentary evidence or given reasons dealing with the defence. This amounted to non-application of mind and violation of the requirement that an adjudication order be reasoned and passed after considering the material on record.
Conclusion: The impugned order could not be sustained and the matter was required to be readjudicated after giving proper consideration to the defence and observing natural justice.